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G2013-08; Proposed Amendments to 211 CMR 74.00 - Standards of Fault to be Used by the Board of Appeal on Motor Vehicle Liability Policies and Bonds and Insurers in Determining the Application of Surcharges in Acc with M.G.L. c. 175, § 113P; Issued 8/13/13

NOTICE OF HEARING

DOCKET NO. G2013-08

Proposed Amendments to Regulation 211 CMR 74.00 -

Standards of Fault to be Used by the Board of Appeal on Motor Vehicle Liability

Pursuant to Massachusetts General Laws Chapter 30A and the authority granted to the Commissioner of Insurance by Massachusetts General Laws Chapter 175E, § 10, a hearing will be held at the offices of the Division of Insurance (“Division”), 1000 Washington Street, Boston, MA 02118-6200 on September 20, 2013 at 10:00 a.m. The purpose of this hearing is to afford all interested persons an opportunity to provide oral and/or written comments regarding the proposed adoption of amendments to regulation 211 CMR 74.00, “Standards of Fault to be Used by the Board of Appeal on Motor Vehicle Liability Policies and Bonds and Insurers in Determining the Application of Surcharges in Accordance with M.G.L. c. 175, § 113P.”

The standards of fault in 211 CMR 74.00 are used by insurers and the Board of Appeal on Motor Vehicle Liability Policies and Bonds in determining whether a private passenger motor vehicle operator is more than 50% at fault for an accident. The regulation is being amended to remove reference to the Safe Driver Insurance plan established pursuant to Massachusetts General Laws Chapter 175, § 113B, because such plan does not apply in a competitive private passenger motor vehicle insurance market such as the Commonwealth has at present. These changes are intended to make clear that the standards of fault apply in both a competitive and fixed-and-established private passenger auto insurance market.

The regulation also is being amended to indicate that an insurer that fails to use the standards of fault set forth in the regulation in determining whether an operator is more than 50% at fault for an accident may be engaged in an unfair act or practice in the business of insurance.

The proceedings concerning the proposed amendments to regulation 211 CMR 74.00 shall be designated as Docket No. G2013-08. Any person who wishes to provide oral comment concerning this regulation must file a Notice of Intent to Comment with the Docket Clerk no later than September 13, 2013. Persons wishing to submit written comments may do so until the record of the hearing is closed. All submissions must be sent to the Docket Clerk, Hearings and Appeals, Division of Insurance, 1000 Washington Street, Suite 810, Boston, MA 02118-6200, or by electronic mail to Doidocket.Mailbox@state.ma.us and must refer to Docket No. G2013-08 in the subject line. Persons who do not file a Notice of Intent to Comment will be heard after those who notify the Division in advance of the hearing.

A copy of the proposed amended regulation is available from the Division and also is posted on its website at: www.mass.gov/doi.